18-8001. DRIVING WITHOUT PRIVILEGES.

(1)(a) Except as provided in paragraph (b) of this subsection, any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction is guilty of a misdemeanor.

(b) Any person who drives or is in actual physical control of any motor vehicle upon the highways of this state with knowledge or who has received legal notice pursuant to section 49-320, Idaho Code, that his driver’s license, driving privileges or permit to drive is revoked, disqualified or suspended in this state or any other jurisdiction and whose license was suspended for any reason outlined in sections 18-1502, 49-326(1)(g), 49-1204 and 49-1207, Idaho Code, is guilty of an infraction punishable by a fine of one hundred fifty dollars ($150).

(2) A person has knowledge that his license, driving privileges or permit to drive is revoked, disqualified or suspended when:

(a) He has actual knowledge of the revocation, disqualification or suspension of his license, driving privileges or permit to drive; or

(b) He has received oral or written notice from a verified, authorized source that his license, driving privileges or permit to drive was revoked, disqualified or suspended; or

(c) Notice of the suspension, disqualification or revocation of his license, driving privileges or permit to drive was mailed by first class mail to his address pursuant to section 49-320, Idaho Code, as shown in the transportation department records, and he failed to receive the notice or learn of its contents as a result of his own unreasonable, intentional or negligent conduct or his failure to keep the transportation department apprised of his mailing address as required by section 49-320, Idaho Code; or

(d) He has knowledge of, or a reasonable person in his situation exercising reasonable diligence would have knowledge of, the existence of facts or circumstances which, under Idaho law, might have caused the revocation, disqualification or suspension of his license, driving privileges or permit to drive.

(3) A minor may be prosecuted for a violation of subsection (1) of this section under chapter 5, title 20, Idaho Code.

(4) If a person is convicted for a violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, and at the time of arrest had no driving privileges, the penalties imposed by this section shall be in addition to any penalties imposed under the provisions of section 18-8005, 18-8004A, 18-8004C or 18-8006, Idaho Code, and not in lieu thereof.

(5) In no event shall a person be granted restricted driving privileges unless the person shows proof of liability insurance or other proof of financial responsibility, as provided in chapter 12, title 49, Idaho Code.

(6) In no event shall a person who is disqualified or whose driving privileges are suspended, revoked or canceled under the provisions of this chapter be granted restricted driving privileges to operate a commercial motor vehicle.

History:

[18-8001, added 1984, ch. 22, sec. 2, p. 26; am. 1988, ch. 265, sec. 563, p. 859; am. 1989, ch. 88, sec. 59, p. 198; am. 1990, ch. 45, sec. 42, p. 109; am. 1990, ch. 432, sec. 9, p. 1201; am. 1992, ch. 115, sec. 38, p. 379; am. 1994, ch. 148, sec. 1, p. 336; am. 1998, ch. 110, sec. 1, p. 377; am. 1998, ch. 325, sec. 1, p. 1051; am. 2003, ch. 157, sec. 1, p. 443; am. 2005, ch. 359, sec. 13, p. 1140; am. 2007, ch. 34, sec. 1, p. 78; am. 2011, ch. 105, sec. 1, p. 269; am. 2018, ch. 298, sec. 1, p. 703.]